Rafa Baca

Recent Holdings on the California Invasion of Privacy Act (CIPA) The surge of privacy claims under the California Invasion of Privacy Act (CIPA) concerning the use of website cookies, pixels, and web beacons continues to impact organizations of all sizes and sectors. On July 2, the Los Angeles Superior Court issued two separate and opposing rulings in Palacios v. Lolliprops Inc. and Palacios v. Wilson Sporting Goods Company regarding whether CIPA-related claims should be dismissed based on the court’s lack of personal jurisdictional over the Defendants. These two cases, which involve CIPA provisions governing pen registers and trap and trace devices (PR/TTs), may reflect the beginning of a trend in which organizations are more willing to litigate these cases in anticipation of having courts dismiss them, either on the ground that they are meritless under CIPA, procedural grounds, or both, to establish a line of positive precedent. Read more: https://lnkd.in/gDUDAFXr Steven Stransky I Kip Bollin I Jennifer Adler #PrivacyLitigation #PenRegisters #DataPrivacy #PrivacyLaw #ThompsonHine

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Privacy law mediator Timothy Alger weighs in on California's new Privacy Law Certification - a credential designed to verify attorneys' privacy law expertise. Read his blog to learn more: https://lnkd.in/gwM6TkpP What do you think about this new certification?? We want to hear from you! algeradr.com State Bar of California #Mediation #PrivacyLaw #CaliforniaLaw #LegalCertification #DataPrivacy #CyberLaw #PrivacySpecialist #LegalEducation #CaliforniaBar #TechLaw #DataSecurity #AIPrivacy #LegalCompliance #PrivacyRegulation #LegalSpecialization #ContinuingEducation #CalBar #PrivacyDisputes #LegalInnovation #CaliforniaLawyers #CyberSecurity #DataProtection #LegalExpertise #PrivacyCompliance #LawPractice #TechnologyLaw

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Generative AI or rules-based automation? Which is right for your firm? Join the California Lawyers Association and Gavel in our joint webinar to clear up the confusion and find out what approaches are best for your practice. We’ll cover: 🔍 Key AI terms and concepts 🔄 Differences between rules-based and generative AI 📈 How to choose the right software and get started 💡 Real-world examples and industry implementations Don’t miss this opportunity to make an informed decision and boost your firm’s efficiency! Act fast: 👉 https://lu.ma/25nwunev #legalAI #generativeAI #documentautomation

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The brain is the new privacy frontier: Responding to developing technologies in the neurotech space, a number of American states have amended their privacy laws to include "neural data" in their definition of sensitive personal information. Some require opt-in consent for its collection, others simply the possibility for a data subject to opt out. Some have included employees' neural data in the definition, others not - with varying implications for privacy protection:

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I’m interested in how AI is impacting law practice. The U.S. Patent and Trademark Office has issued guidance on how to determine inventorship when AI was involved in creating the invention. In 2022, in Thaler v. Vidal, the Federal Circuit held that “only a natural person can be an inventor, so AI cannot be.”  So, how can something developed by AI be patented? ·      The guidance reaffirms the Federal Circuit decision: Named inventors must be “natural persons.” A non-human, such an AI system, cannot be listed as inventor, even if it was “instrumental” in creating the invention. ·      A person named as inventor must make a “significant contribution” to any AI-assisted invention. ·      This is determined by existing inventorship law: The inventor must contribute in some significant way to the invention’s conception or reduction to practice. ·      USPTO gives an example: A person who merely 1) recognizes the need for a new design to solve a specific problem, 2) prompts an AI system to create a design, and 3) reviews the design outputted by the AI system, has not made a significant contribution. ·      On the other hand, a significant contribution “could be shown by the way the person constructs the prompt in view of a specific problem to elicit a particular solution from the AI system.” ·      These distinctions could be difficult to make in practice. It will be interesting to see how this plays out in real world examples as AI develops and its use in creating inventions increases. ·      The USPTO guidance tells us that inventors using AI should be prepared to demonstrate, with supporting documentation, the specific things they did to contribute to the invention and how AI was used to assist. https://lnkd.in/g6gx_eTV #artificialintelligence #technology #AI

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Data privacy partner John Rolecki teamed up with with Michael Cole of Mercedes-Benz Research & Development North America, Inc. to co-author an insightful article for the International Association of Privacy Professionals regarding the intersection of privacy laws and artificial intelligence (AI). In their article, John and Michael explore the crucial balance between artificial intelligence (AI) innovation and essential privacy principles, sharing their collective expertise with the data privacy community. https://lnkd.in/gVmERj7F #DataPrivacy #AI #PrivacyProfessionals #IAPP

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Is generative AI doomed? I attended a discussion led by Professor Eric Goldman, Director of the High Tech Law Institute at Santa Clara University.  Eric is also a former Cooley Associate in Tech Transactions. Eric gave us his take on the similarities and differences between how the Internet and Generative AI were received.  He believes that we are at the beginning of a “regulatory tsunami” to put governance around AI. His belief is that AI may displace workers and will have emotional and business consequences at levels never before seen.  On the other hand, he believes that AI creates new opportunities for creativity and opens opportunities to a broader scope of users. Eric listed that in the 1st 38 days of 2024, over 400 bills for AI regulation were submitted.  By contrast, when the internet was starting out, there were little to no regulations submitted.  This is a huge dichotomy where regulators are intervening and hitting hard early in the life cycle of AI.  It will not enjoy the same “honeymoon” period that the internet got. Eric called out 3 types of regulations: 1 - the “stupid” regulation.  Where people are throwing out regulations without understanding the product, or the potential ramifications if passed 2 - the “sensorial” regulation - regulating AI outputs based on how they make people feel.  Regulating sensorial AI involves addressing ethical and regulatory considerations related to privacy, data security, bias mitigation, and societal impact 3 - the “partisan” regulation - this one is used to advance partisan agendas and used to try and block or advance the regulation based solely on one's political position How do you see the future of generative AI?  Doomed or the sky's the limit?

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Avoid the dark side, you must. As noted in Luis’s summary, according to the CPPA Deputy Director Macko, “[d]ark patterns aren’t about intent, they’re about effect.” This follows on increased scrutiny of dark patterns by the FTC and other authorities. #ccpa #privacylaw

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The Shifting Landscape of US State Data Privacy Laws in 2024 | The Legal Intelligencer: This year marks a departure from the previous dominance of the Washington State Privacy Act (WPA) framework, signaling a shift in how states approach privacy protection. #privacy #dataprotection #dataprivacy

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Know more about the new California law that protects your neural data. #neuraldata #privacylaws #dataprotectionlaws #consumerprivacy

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The California Privacy Protection Agency (CPPA) is gearing up to introduce new regulations impacting automated decision-making technology (ADMT), cybersecurity audits, and more. On this episode of the Ad Law Access Podcast, Simone Roach explores the latest blog post from Alysa Hutnik, Aaron Burstein, and Alexander Schneider to break down these anticipated changes and their implications for businesses in California. Listen here: https://lnkd.in/e75XrGD8 #AdLawAccess #CPPA #ADMT #CaliforniaPrivacy #Cybersecurity #DataProtection #Compliance #KelleyDrye

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Legal intelligence innovator vLex launched a suite of generative AI-backed document analysis tools for litigation and transactional practitioners to the Vincent AI platform. Vincent AI Document Analyze augments lawyers’ responses to legal documents, drawing from the world’s most comprehensive global library of legal information. In addition, vLex now offers vLex Labs to select Vincent customers – enabling them to create proprietary AI-powered workflows with the help of a dedicated team. “With Vincent AI, you no longer have to choose between innovative technology and comprehensive content,” said vLex CEO Lluis Faus. “Our platform offers a seamless integration of both, setting a new standard in efficiency, customisation, and effectiveness across all legal practices.” Vincent AI Document Analyze offers customisable GenAI-backed workflows that enable legal professionals to interrogate legal documents and use Vincent’s legal analysis abilities to begin drafting strategic responses. https://lnkd.in/exN3FH2G #legaltechtalk #legaltech #legal #productlaunch #ai 

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The USPTO has released a crucial update on #patent #subjectmattereligibility, focusing on artificial intelligence (#AI) inventions. This guidance, effective July 17, 2024, aims to provide clarity and consistency in evaluating AI-related patent applications under 35 U.S.C. § 101. Key takeaways for in-house patent counsel: 1. Enhanced Clarity: The guidance offers additional insights on applying subject matter eligibility criteria to AI inventions, building on previous guidelines. 2. New Examples: Three new examples demonstrate the application of the guidance across various technologies, helping practitioners navigate complex AI patent scenarios. 3. Federal Circuit Alignment: The update incorporates discussions of relevant Federal Circuit decisions on subject matter eligibility. 4. Public Feedback Opportunity: The USPTO is accepting comments on the guidance and examples until September 16, 2024. 5. Broader AI Initiative: This update is part of a larger USPTO effort addressing AI's impact on intellectual property, including recent inventorship guidance for AI-assisted inventions. For in-house counsel, this guidance presents an opportunity to refine AI patent strategies, potentially increasing the likelihood of securing protection for AI innovations. It's crucial to review the full guidance and examples available on the USPTO's AI-related resources webpage. #PatentLaw #ArtificialIntelligence #IPStrategy Thoughts on how this might impact your AI patent portfolio? Let's discuss in the comments! Citations: [1] https://lnkd.in/eUbkGXvG

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#DataStrategy, #Security & #Privacy attorneys Mark Francis and Annie Ziesing co-authored an article for OneTrust DataGuidance on #NewYork's new SAFE Act and #CDPA. They analyze these groundbreaking laws aimed at protecting children's #dataprivacy and offer insights for businesses adapting to stricter #regulations. Read more: https://bit.ly/3TUvxFy

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